Deputyship Explained

This is a guide on how a Deputy can successfully and easily manage a vulnerable person’s affairs.

Definition of a Deputy

A Deputy is a person appointed by the Court of Protection to manage the affairs of another person, who lacks the mental capacity. A Deputy can only act under a court order from the Court of Protection. This order sets out the Deputy’s powers. A Deputy will not be required if the person lacking capacity has previously made a Lasting or Enduring Power of Attorney.

There are two types of deputy:

property and financial affairs e.g. paying bills

personal welfare e.g. making decisions about how someone is looked after

You can apply to be just one type of deputy or both.

Process of Becoming a Deputy

The Court of Protection (in England and Wales) protects the rights of people who do not have mental capacity. They are able to issue a court order to appoint a ‘deputy appointment’. This will usually be a close friend or family member, but in circumstances where this is not possible a specialist deputy or solicitor from an approved law firm can become a Deputy and take decisions in the best interest of their client. In some cases they may appoint more than one Deputy.

The information given in this guide is based on Bath Building Society’s understanding of Power of Attorney as at March 2015, which may change in future. It does not constitute a recommendation and individuals are advised to seek professional independent advice.

Bath Investment & Building Society is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and Prudential Regulation Authority, Registration Number 206026. Telephone calls may be recorded to help the Society to maintain high standards of service delivery. Bath Building Society Head Office: 15 Queen Square, Bath BA1 2HN.